HomeMy WebLinkAboutresolution.council.080-10 RESOLUTION NO.6 Z)
Series of 2010
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING THE PURCHASE AND INSTALLATION OF WATER FEATURES
FOR THE ASPEN RECREATION CENTER, AND AUTHORIZING THE MAYOR OR
CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY
OF ASPEN, COLORADO.
WHEREAS, there exists between the City of Aspen and RAIN DROP
PRODUCTS LLC.; a mutual interest in providing New Water Features to be installed at
the Aspen Recreation Center;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF ASPEN, COLORADO:
That the City Council of the City of Aspen hereby approves this Procurement
Agreement for the purchase and installation of water features to be located in the Aspen
Recreation Center; and does hereby authorize the Mayor or City Manager to execute said
agreement on behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 12th _ day of October _, 2010.
134 / "/O
Michael C. Ireland,
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City Council of the
City of Aspen, Colorado, at a meeting held on the day hereinabove stated.
Kathryn S. Koch, City Clerk !<<
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The City of Aspen
CITY OF ASPEN STANDARD FORM OF AGREEMENT - 2010 cio miners office
PROCUREMENT SUPPLY AND PROFESSIONAL SERVICES
City of Aspen Project No.: 2010 -061.
AGREEMENT made as of 12 day of October, in the year 2010.
BETWEEN the City:
Contract Amount:
The City of Aspen Procurement: $33,780.00
c/o Aspen Recreation Center
130 South Galena Street Professional Services: $ inclusive
Aspen, Colorado 81611
Phone: (970) 920 -5055 Total: $33,780.00
If this Agreement requires the City to pay
And the Professional: an amount of money in excess of
$25,000.00 it shall not be deemed valid
until it has been approved by the City
Rain Drop Productions, LLC Council of the City of Aspen.
c/o Mark Williams, President
716 Union Street City Council Approval:
Ashland, OH 44805 Date: October 12, 2010
Phone: 800 - 343 - 6063
Resolution No.:
For the Following Project:
Aspen Recreation Center pool feature improvements
Exhibits appended and made a part of this Agreement:
Exhibit A: List of supplies, equipment, or materials to be purchased.
Exhibit B: Scope of Work.
Exhibit C: Fee Schedule.
The City and Professional agree as set forth below.
Agreement for Procurement and Professional Services Page 0
SUPPLY PROCUREMENT
1. Purchase. Professional agrees to sell and City agrees to purchase the supplies, equipment, or
�►.r materials as described in Exhibit A, appended hereto and by this reference incorporated
herein, for the sum of set forth above.
2. Delivery. (FOB 0861 Maroon Creek Road, Aspen, Colorado 81611).
3. Contract Documents. This Agreement shall include all Contract Documents as the same are
listed in the Invitation to Bid or Request for Proposals and said Contract Document are
hereby made a part of this Agreement as if fully set out at length herein.
4. Warranties.
The fountains manufactured by Rain Drop Products are warranted for five years from date of
shipment against any defects in material or workmanship; excluding only normal wear and tear
and improper operation or installation.
The fiberglass reinforced plastic (FRP) and/or structural tubing furnished with the fountains has
25 -year unconditional warranty against rust and corrosion from the date of shipment.
The liability of Rain Drop Products under this Warranty is limited to the replacement or repair of
defective material to the owner's designated location of such materials as they are covered by
this warranty provided written notice of such defect is delivered to Rain Drop Products, Ashland.
Ohio within the warranty period and within 15 days after such defect was discovered. Rain Dror
Products shall not be liable for the shipping cost of return of such claimed defective materials to
Rain Drop Products offer shipping cost of replacement materials. Whether to replace or repair
the feature is ultimately the decision of Rain Drop Products, LC.
This warranty is in lieu of all other warranties expressed or implied.
5. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the
benefit of and be binding upon the City and the Professional respectively and their agents,
representatives, employee, successors, assigns and legal representatives. Neither the City nor
the Professional shall have the right to assign, transfer or sublet its interest or obligations
hereunder without the written consent of the other party.
PROFESSIONAL SERVICES
6. Scope of Work. Professional shall perform in a competent and professional manner the
Scope of Work as set forth at Exhibit B attached hereto and by this reference incorporated herein.
7. Completion. Professional shall commence Work immediately upon receipt of a written
Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as
is consistent with professional skill and care and the orderly progress of the Work in a timely
manner. The parties anticipate that all Work pursuant to this Agreement shall be completed no later
than November 30, 2010, with the installation and operation of all the equipment no later than
Sior November 30, 2010. Upon request of the City, Professional shall submit, for the City's approval, a
Agreement for Procurement and Professional Services Page 1
schedule for the performance of Professional's services which shall be adjusted as required as the
project proceeds, and which shall include allowances for periods of time required by the City's
project engineer for review and approval of submissions and for approvals of authorities having
jurisdiction over the project. This schedule, when approved by the City, shall not, except for
reasonable cause, be exceeded by the Professional.
8. Payment. In consideration of the work performed, City shall pay Professional on a time and
expense basis for all work performed. The hourly rates for work performed by Professional shall
not exceed those rates set forth at Exhibit C appended hereto. Except as otherwise mutually
agreed to by the parties the payments made to Professional shall not initially exceed the amount set
forth above. Professional shall submit, in timely fashion, invoices for work performed. The City
shall review such invoices and, if they are considered incorrect or untimely, the City shall review
the matter with Professional within ten days from receipt of the Professional's bill.
9. Non - Assignabilitv. Both parties recognize that this Agreement is one for personal services
and cannot be transferred, assigned, or sublet by either party without prior written consent of the
other. Sub - Contracting, if authorized, shall not relieve the Professional of any of the responsibilities
or obligations under this Agreement. Professional shall be and remain solely responsible to the City
for the acts, errors, omissions or neglect of any subcontractors' officers, agents and employees, each
of whom shall, for this purpose be deemed to be an agent or employee of the Professional to the
extent of the subcontract. The City shall not be obligated to pay or be liable for payment of any
sums due which may be due to any sub - contractor.
10. Termination of Procurement. The sale contemplated by this Agreement may be canceled
by the City prior to acceptance by the City whenever for any reason and in its sole discretion the
City shall determine that such cancellation is in its best interests and convenience.
11. Termination of Professional Services. The Professional or the City may terminate the
Professional Services component of this Agreement, without specifying the reason therefor, by
giving notice, in writing, addressed to the other party, specifying the effective date of the
termination. No fees shall be earned after the effective date of the termination. Upon any
termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models,
photographs, reports or other material prepared by the Professional pursuant to this Agreement shall
become the property of the City. Notwithstanding the above, Professional shall not be relieved of
any liability to the City for damages sustained by the City by virtue of any breach of this Agreement
by the Professional, and the City may withhold any payments to the Professional for the purposes of
set -off until such time as the exact amount of damages due the City from the Professional may be
determined.
12. Independent Contractor Status. It is expressly acknowledged and understood by the parties
that nothing contained in this agreement shall result in, or be construed as establishing an
employment relationship. Professional shall be, and shall perform as, an independent Contractor
who agrees to use his or her best efforts to provide the said services on behalf of the City. No
agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent
or servant of the City. City is interested only in the results obtained under this contract. The
manner and means of conducting the work are under the sole control of Professional. None of the
benefits provided by City to its employees including, but not limited to, workers' compensation
insurance and unemployment insurance, are available from City to the employees, agents or
err
Agreement for Procurement and Professional Services Page 2
servants of Professional. Professional shall be solely and entirely responsible for its acts and for the
acts of Professional's agents, employees, servants and subcontractors during the performance of this
contract. Professional shall indemnify City against all liability and loss in connection with, and
shall assume full responsibility for payment of all federal, state and local taxes or contributions
imposed or required under unemployment insurance, social security and income tax law, with
respect to Professional and/or Professional's employees engaged in the performance of the services
agreed to herein.
13. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers,
employees, insurers, and self - insurance pool, from and against all liability, claims, and demands, on
account of injury, loss, or damage, including without limitation claims arising from bodily injury,
personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind
whatsoever, which arise out of or are in any manner connected with this contract, if such injury,
loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by,
the act, omission, error, professional error, mistake, negligence, or other fault of the Professional,
any subcontractor of the Professional, or any officer, employee, representative, or agent of the
Professional or of any subcontractor of the Professional, or which arises out of any workmen's
compensation claim of any employee of the Professional or of any employee of any subcontractor
of the Professional. The Professional agrees to investigate, handle, respond to, and to provide
defense for and defend against, any such liability, claims or demands at the sole expense of the
Professional, or at the option of the City, agrees to pay the City or reimburse the City for the
defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is
determined by the final judgment of a court of competent jurisdiction that such injury, loss, or
damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or
its employees, the City shall reimburse the Professional for the portion of the judgment attributable
to such act, omission, or other fault of the City, its officers, or employees.
14. Professional's Insurance.
(a) Professional agrees to procure and maintain, at its own expense, a policy or policies
of insurance sufficient to insure against all liability, claims, demands, and other obligations
assumed by the Professional pursuant to Section 8 above. Such insurance shall be in
addition to any other insurance requirements imposed by this contract or by law. The
Professional shall not be relieved of any liability, claims, demands, or other obligations
assumed pursuant to Section 8 above by reason of its failure to procure or maintain
insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts,
duration, or types.
(b) Professional shall procure and maintain, and shall cause any subcontractor of the
Professional to procure and maintain, the minimum insurance coverages listed below. Such
coverages shall be procured and maintained with forms and insurance acceptable to the
City. All coverages shall be continuously maintained to cover all liability, claims, demands,
and other obligations assumed by the Professional pursuant to Section 8 above. In the case
of any claims -made policy, the necessary retroactive dates and extended reporting periods
shall be procured to maintain such continuous coverage.
(i) Workers' Compensation insurance to cover obligations imposed by
applicable laws for any employee engaged in the performance of work under this
Agreement for Procurement and Professional Services Page 3
contract, and Employers' Liability insurance with minimum limits of FIVE
HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE
HUNDRED THOUSAND DOLLARS ($500,000.00) disease - policy limit, and
FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - each
employee. Evidence of qualified self - insured status may be substituted for the
Workers' Compensation requirements of this paragraph.
(ii) Commercial General Liability insurance with minimum combined single
limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE
MILLION DOLLARS ($1,000,000.00) aggregate. The policy shall be applicable to
all premises and operations. The policy shall include coverage for bodily injury,
broad form property damage (including completed operations), personal injury
(including coverage for contractual and employee acts), blanket contractual,
independent contractors, products, and completed operations. The policy shall
contain a severability of interests provision.
(iii) Comprehensive Automobile Liability insurance with minimum combined
single limits for bodily injury and property damage of not less than ONE MILLION
DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS
($1,000,000.00) aggregate with respect to each Professional's owned, hired and non -
owned vehicles assigned to or used in performance of the Scope of Work. The
policy shall contain a severability of interests provision. If the Professional has no
owned automobiles, the requirements of this Section shall be met by each employee
of the Professional providing services to the City under this contract.
(iv) Professional Liability insurance with the minimum limits of ONE
MILLION DOLLARS ($1,000,000) each claim and ONE MILLION DOLLARS
($1,000,000) aggregate.
(c) The policy or policies required above shall be endorsed to include the City and the
City's officers and employees as additional insureds. Every policy required above shall be
primary insurance, and any insurance carried by the City, its officers or employees, or
carried by or provided through any insurance pool of the City, shall be excess and not
contributory insurance to that provided by Professional. No additional insured endorsement
to the policy required above shall contain any exclusion for bodily injury or property
damage arising from completed operations. The Professional shall be solely responsible for
any deductible losses under any policy required above.
(d) The certificate of insurance provided by the City shall be completed by the
Professional's insurance agent as evidence that policies providing the required coverages,
conditions, and minimum limits are in full force and effect, and shall be reviewed and
approved by the City prior to commencement of the contract. No other form of certificate
shall be used. The certificate shall identify this contract and shall provide that the coverages
afforded under the policies shall not be canceled, terminated or materially changed until at
least thirty (30) days prior written notice has been given to the City.
(e) Failure on the part of the Professional to procure or maintain policies providing the
required coverages, conditions, and minimum limits shall constitute a material breach of
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Agreement for Procurement and Professional Services Page 4
contract upon which City may immediately terminate this contract, or at its discretion City
may procure or renew any such policy or any extended reporting period thereto and may pay
any and all premiums in connection therewith, and all monies so paid by City shall be
repaid by Professional to City upon demand, or City may offset the cost of the premiums
against monies due to Professional from City.
(f) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
(g) The parties hereto understand and agree that City is relying on, and does not waive or
intend to waive by any provision of this contract, the monetary limitations (presently
$150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and
protections provided by the Colorado Governmental Immunity Act, Section 24 -10 -101 et
seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its
employees.
15. Citv's Insurance. The parties hereto understand that the City is a member of the Colorado
Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper-
ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Finance
Department and are available to Professional for inspection during normal business hours. City
makes no representations whatsoever with respect to specific coverages offered by CIRSA. City
shall provide Professional reasonable notice of any changes in its membership or participation in
CIRSA.
16. Completeness of Agreement. It is expressly agreed that this agreement contains the entire
undertaking of the parties relevant to the subject matter thereof and there are no verbal or written
representations, agreements, warranties or promises pertaining to the project matter thereof not
expressly incorporated in this writing.
17. Notice. Any written notices as called for herein may be hand delivered or mailed by
certified mail return receipt requested to the respective persons and/or addresses listed above.
18. Non - Discrimination. No discrimination because of race, color, creed, sex, marital status,
affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or
religion shall be made in the employment of persons to perform services under this contract.
Professional agrees to meet all of the requirements of City's municipal code, Section 13 -98,
pertaining to non- discrimination in employment.
19. Waiver. The waiver by the City of any teen, covenant, or condition hereof shall not
operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or
condition of this Agreement can be waived except by the written consent of the City, and
forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any
term, covenant, or condition to be performed by Professional to which the same may apply and,
until complete performance by Professional of said term, covenant or condition, the City shall be
entitled to invoke any remedy available to it under this Agreement or by law despite any such
forbearance or indulgence.
iv
Agreement for Procurement and Professional Services Page 5
20. Execution of Agreement by City. This Agreement shall be binding upon all parties hereto
and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding
anything to the contrary contained herein, this Agreement shall not be binding upon the City unless
duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence)
following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a
duly authorized official in his absence) to execute the same.
16. Illegal Aliens — CRS 8- 17.5 -101 & 24- 76.5 -101.
(a) Purpose. During the 2006 Colorado legislative session, the Legislature passed
House Bills 06 -1343 (subsequently amended by HB 07 -1073) and 06 -1023 that added
new statutes relating to the employment of and contracting with illegal aliens. These new
laws prohibit all state agencies and political subdivisions, including the City of Aspen,
from knowingly hiring an illegal alien to perform work under a contract, or to knowingly
contract with a subcontractor who knowingly hires with an illegal alien to perform work
under the contract. The new laws also require that all contracts for services include
certain specific language as set forth in the statutes. The following terms and conditions
have been designed to comply with the requirements of this new law.
(b) Definitions. The following terms are defined in the new law and by this reference
are incorporated herein and in any contract for services entered into with the City of
Aspen.
"Basic Pilot Program" means the basic pilot employment verification program
created in Public Law 208, 104th Congress, as amended, and expanded in Public
Law 156, 108th Congress, as amended, that is administered by the United States
Department of Homeland Security.
"Public Contract for Services" means this Agreement.
"Services" means the furnishing of labor, time, or effort by a Contractor or a
subcontractor not involving the delivery of a specific end product other than
reports that are merely incidental to the required performance.
(c) By signing this document, Professional certifies and represents that at this time:
(i) Professional shall confirm the employment eligibility of all employees who are
newly hired for employment in the United States; and
(ii) Professional has participated or attempted to participate in the Basic Pilot
Program in order to verify that new employees are not employ illegal aliens.
(d) Professional hereby confirms that:
(i) Professional shall not knowingly employ or contract new employees
without confirming the employment eligibility of all such employees hired for
employment in the United States under the Public Contract for Services.
ar
Agreement for Procurement and Professional Services Page 6
(ii) Professional shall not enter into a contract with a subcontractor that fails to
confirm to the Professional that the subcontractor shall not knowingly hire new
�^ employees without confirming their employment eligibility for employment in the
\w United States under the Public Contract for Services.
(iii) Professional has verified or has attempted to verify through participation
in the Federal Basic Pilot Program that Professional does not employ any new
employees who are not eligible for employment in the United States; and if
Professional has not been accepted into the Federal Basic Pilot Program prior to
entering into the Public Contract for Services, Professional shall forthwith apply
to participate in the Federal Basic Pilot Program and shall in writing verify such
application within five (5) days of the date of the Public Contract. Professional
shall continue to apply to participate in the Federal Basic Pilot Program and shall
in writing verify same every three (3) calendar months thereafter, until
Professional is accepted or the public contract for services has been completed,
whichever is earlier. The requirements of this section shall not be required or
effective if the Federal Basic Pilot Program is discontinued.
(iv) Professional shall not use the Basic Pilot Program procedures to undertake
pre - employment screening of job applicants while the Public Contract for
Services is being performed.
(v) If Professional obtains actual knowledge that a subcontractor performing
work under the Public Contract for Services knowingly employs or contracts with
a new employee who is an illegal alien, Professional shall:
(1) Notify such subcontractor and the City of Aspen within three days
that Professional has actual knowledge that the subcontractor has newly
employed or contracted with an illegal alien; and
(2) Terminate the subcontract with the subcontractor if within three
days of receiving the notice required pursuant to this section the
subcontractor does not cease employing or contracting with the new
employee who is an illegal alien; except that Professional shall not
terminate the Public Contract for Services with the subcontractor if during
such three days the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with an illegal
alien.
(vi) Professional shall comply with any reasonable request by the Colorado
Department of Labor and Employment made in the course of an investigation that
the Colorado Department of Labor and Employment undertakes or is undertaking
pursuant to the authority established in Subsection 8- 17.5 -102 (5), C.R.S.
(vii) If Professional violates any provision of the Public Contract for Services
pertaining to the duties imposed by Subsection 8- 17.5 -102, C.R.S. the City of
Aspen may terminate the Public Contract for Services. If the Public Contract for
Services is so terminated, Contractor shall be liable for actual and consequential
Agreement for Procurement and Professional Services Page 7
damages to the City of Aspen arising out of Professional's violation of Subsection
8- 17.5 -102, C.R.S.
o.. (ix) If Professional operates as a sole proprietor, Professional hereby swears or
affirms under penalty of perjury that the Professional (1) is a citizen of the United
States or otherwise lawfully present in the United States pursuant to federal law,
(2) shall comply with the provisions of CRS 24- 76.5 -101 et seq., and (3) shall
produce one of the forms of identification required by CRS 24- 76.5 -103 prior to
the effective date of this Agreement.
21. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest.
(a) Professional warrants that no person or selling agency has been employed or
retained to solicit or secure this Contract upon an agreement or understanding for a
commission, percentage, brokerage, or contingent fee, excepting bona fide employees or
bona fide established commercial or selling agencies maintained by the Professional for
the purpose of securing business.
(b) Professional agrees not to give any employee of the City a gratuity or any offer of
employment in connection with any decision, approval, disapproval, recommendation,
preparation of any part of a program requirement or a purchase request, influencing the
content of any specification or procurement standard, rendering advice, investigation,
auditing, or in any other advisory capacity in any proceeding or application, request for
ruling, determination, claim or controversy, or other particular matter, pertaining to this
Agreement, or to any solicitation or proposal therefore.
(c) Professional represents that no official, officer, employee or representative of the
City during the term of this Agreement has or one (1) year thereafter shall have any
interest, direct or indirect, in this Agreement or the proceeds thereof, except those that
may have been disclosed at the time City Council approved the execution of this
Agreement.
(d) In addition to other remedies it may have for breach of the prohibitions against
contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right
to:
1. Cancel this Purchase Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a Professional, contractor or
subcontractor under City contracts;
3. Deduct from the contract price or consideration, or otherwise recover, the value of
anything transferred or received by the Professional; and
4. Recover such value from the offending parties.
22. Fund Availability. Financial obligations of the City payable after the current fiscal year
are contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available. If this Agreement contemplates the City utilizing state or federal funds to meet its
obligations herein, this Agreement shall be contingent upon the availability of those funds for
payment pursuant to the terms of this Agreement.
Agreement for Procurement and Professional Services Page 8
23. General Terms.
`w. (a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions,
representations or covenants can be modified, changed, terminated or amended, waived,
superseded or extended except by appropriate written instrument fully executed by the
parties.
(b) If any of the provisions of this Agreement shall be held invalid, illegal or
unenforceable it shall not affect or impair the validity, legality or enforceability of any other
provision.
(c) The parties acknowledge and understand that there are no conditions or limitations
to this understanding except those as contained herein at the time of the execution hereof
and that after execution no alteration, change or modification shall be made except upon a
writing signed by the parties.
(d) This Agreement shall be govemed by the laws of the State of Colorado as from time
to time in effect.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement in three copies each of which shall be deemed an original on
the date first written above.
CITY OF ASPEN, COLORAD : P O' ` ONAL: f
[Signature] [S •. ature]
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Title: MA`(0(Z Title,$fi��l.
Date: I o - 1 4 / D
Date: 9ra7 / /r/
Approved as to form:
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Agreement for Procurement and Professional Services Page 9
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EXHIBIT A
Water Features Include:
• Aqua Run
• Dumping Trough
• Water Fun Cannon
• Old Salty
• Remote Control Box
• Bollard Activator - wireless
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Agreement for Procurement and Professional Services Page 0
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1430.6 George Rd. Ashland, OH 44805 Phone-419.207.1229 Toll Free-800.343.6063 *Fax-419.207.8902 www.rain- drop.com
Specification Aqua Run I AQRN - 001 -QM
Revised 3/12/05
Includes OMNIPOD
1.0 GENERAL 4.0 INSTALLATION
1.1 The specified fountain slide shall be suitable for 4.1 Drawings and Instructions shall be supplied
Installation in SprayGrounds or Zero Entry Piw6c by manufacturer for ease of installation.
Swimming FadINes and shall be manufactured by
Rain Drop Products. It shall operate at a water flow 4,2 Moulting shell &tow the feature to be installed In
refs of 75 gallons per minute. Pumps and valves to existing or new (cured) concrete with stainless steel
regulate flow shat be supplied separately. Installs-
anchor wedges. For SprayGrounds or pools an MNI-
tion shat be supplied by others. POD@ to mount it at a later date, take down for win -
terization or for moving to another location Is pro -
2.0 DESIGN: vided.
2,1 Construction: the feature shall be manufactured 5.0 WINTERIZATION
from rigid fiberglass and other materials inert to p ool high sup
to ctur supply .1: Manufacturer ply strength PVC
chemicals. Where metal or steel Is supplied as part 5 and installation instructions. high
of the component all such parts shall be mender., plugs
tured from 304 stainless steel, mild steel components
(except valve boy) shall not be used regardless of 6.0 WARRANTY
rust preventative coatirtgs.
6.1 Shall be furnished by manufacturer pravid-
2.2 Piping/Stem: NI piping connection shall be ing a guarantee against all defects in workman -
made from heavy -duty high tensile strength PVC. ship and material for a period of five years from
the date of shipment, on all components. Ex-
cluding only normal wear and tear and Improper
8.0 PACKAGING operation or installation.
3.1 Shall be packaged to protect against dam-
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Dumping Trough DMPT -001
Sp ecification Dumping Trough •OMNIPOD DMPT- 001 -OM
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1.0 GENERAL • 3.0 PACKAGING
1.1 The specified water feature shall be suit- material with a smooth high gloss finish. Attach- 3.1 Shall be packaged to protect against dam -
able for installation in public swimming facilities ment flanges shall provide eight 314" boll holes for age during transit
as well as SprayGrounds and shall be manufac- mounting at the base of the pipe and/or structural
tured by Rain Drop Products. It shall operate at tubing. 4.0 INSTALLATION
a water flow rate of 45 gallons per minute. Sup-
plier shall furnish required features complete 2,3 Fasteners: shall be type 304 stainless steel for
with all anchoring, fastening devices, required all 8 anchor bolt Anchor bolts for mounting to Toun- 4.1 Drawings and instructions shall be supplied
anc
gaskets and base skirt. Pumps and valves to cat on shall be expansion type anchor bogs. by manufacturer for ease of installation.
regulate flow shall be supplied separately.
Installation shall be supplied by others. 4.2 Mounting shall allow the feature to be in-
2.4 Structural Tubing Strength: stalled in existing or new (cured) concrete with
2.0 DESIGN Tensile Strength (Longitudinal) - 110,000 psi stainless steel anchor wedges. For Spray -
Compressive (Longitudinal) -50,000 psi Grounds or pools an OMNIPODY to mount it at
a later date, take down for winterization or for
2.1 Construction: the feature shall be manu- Compressive Strength (Circumferential) - 26,000 psi moving to another location is provided.
factured from rigid centricast fiberglass, molded
fiberglass and other materials inert to pod 5.0 WINTERIZATION
chemicals. Where metal or steel is supplied as 2.5 Base Skirt: shag be ABS Molded plastic made
part of the component all such pads shall be in two piece construction to rigidly attach to stem. 5.1 Manufacturer to supply high strength PVC
manufactured from 304 stainless steel, mild components and installation instructions.
steel components (except valve body) shall not 2.6 Colors: shall be available from manufacturers
be used regardless of rust preventative coat- color charts or with special colors upon request.
inns. Colors are ultraviolet stabilized to Inhibit fading.
r.—
.r,, 2.2 Piping: and/or structural tubing shall be six
inch rigid corrosion proof, reinforced fiberglass
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716 Union Street Ashlond, OH 44805 • Phone. 419.207.1229 • Toll Free. 800.343.6063 • Fox, 419.207.8902 + www.rain- drop.corn
Specification Water Fun Cannon I n wFCN -004-o
Revised 11/162009
Includes OMNIPOD
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1.0 GENERAL material with a smooth high gloss finish. Attach- 3.0 PACKAGING
ment flanges shall provide eight 3/4' bolt holes
1.1 The specified water feature shall be suit- For mounting at the base of the pipe and/or 3.1 Shan be packaged to protect against dam -
structural tubing. P a9 P 9
able for installation In public swimming facilities age during transit.
as well as SprayGrounds and shall be manufac-
tured by Rain Drop Products. It shall operate at 2.4 Fasteners: shall be type 304 stainless steel 4.0 INSTALLATION
a water flow rate of 21/2 gallons per minute. for all anchor bolts, fasteners and bolt ring.
Supplier shah furnish required features corn- Anchor bolts for mounting to foundation shall be
piete with all anchoring, fastening devices, re- expansion type anchor bolts. 4.1 Drawings and instructions shall be supplied
qulred gaskets and base skirt. Pumps and by manufacturer for ease of installation.
valves to regulate flow shall be supplied sepa-
rately. Installation shall be supplied by others. made In two race construction to rigidly attach
P 4.2 Mounting shall allow the feature to be In-
2.0 DESIGN to stem. stalled In e4sting or new (cured) concrete with
stainless steel anchor wedges. For Spray -
2.6 Colors: shall be available from manufactur- Grounds or pods an OMNIPODsto mount it at
2.1 Construction: the feature shall be manu- ers color charts or with special colors upon a later date, take down for winterization or for
lectured from rigid fiberglass, molted and other request. Colors are ultraviolet stabilized to in- moving to another location Is provided.
materials inert to pool chemicals. Where metal hibit fading.
or steel is supplied as part of the component all 5.0 WARRANTY
such parts shall be manufactured from 304
stainless steel, mild steel components (except 5.1 Shall be furnished by manufacturer provid-
valve body) shall not be used regardless of rust ing a guarantee against all defects In workman -
preventative coatings. ship and material for a period of five years from
the date of shipment, on all components. Ex-
2.2 Piping: andlor structural tubing shall be six eluding only normal wear and tear and improper
operation or installation.
'w° Inch rigid corrosion proof, reinforced fiberglass
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=MONO ""'", f WATER FUN CANNON • OMNPCD , / R IM ‘ KALB ( _ — RDSWMOO S if4 DPoD o
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716 UNION ST. ASHLAND, OH 44605 l
S j ‘'- men .1 \ TELL 800134340133 FAX 419a074902
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Unit Price S3, 515
Flow Rate: 9 gpm
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716 Union Skeet Ashlond, OH 44805 • Phone. 419.207.1229 • Toll Free. 800.343.6063 • Fox. 419.207.8902 • www,roin•drop.com
Speci • f • 11 Spraying Fish SPFH -001
fication Spraying Fish-OMNIPOD SPFH- 001 -0M
Spraying Fish- MysticalFunTM SPFH - 001 -MF
Revised 1/22/20091
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1.0 GENERAL 2.3 Colors: shall only be supplied in the stan 5.0 WINTERIZATION
dard color as shown on the above pictured
1.1 The specified feature shall be suitable for rendering. 5.1: Manufacturer to supply high strength PVC
installation In SprayGrounds or Zero Entry Pub- components and installation instructions.
do Swimming Facilities and shall be manufac- 3.0 PACKAGING 6.0 FEATURE! FLOW OPTIONS
tured by Rain Drop Products. It shall operate at
a water flow rate of 5 gallons per minute. 6.1 SPFH - W1: Standard Spraying Flsh feature only.
Pumps and valves to regulate flow shall be 3. Shall be packaged to protect against dam- Shall operate at a flow rate PM at 5 '- 0 ' Tota
supplied separately. Installation shall be sup- age during transit. Dynamic Head (TDH).
plied by others.
4.0 INSTALLATION 6.2 SPFH - 001 -0M: Standard Spraying Fish feature
and OMNIPOD• adapter. Shall operate at a flow rate
2.0 DESIGN: of 5 GPM at 5'- 0" Total Dynamic Head ("TDH'1.
4.1 Drawings and Instructions shall be supplied 6.3 SPFH 001•MF: Mystical FunTM^ Spraying Fish
2.1 Construction: the feature shall be manu by manufacturer for ease of installation. feature only. Shall operate at a flow rate of .25 GPM
factored from rigid fiberglass and other materl- using high pressureflow volume pump and misting
als inert to pool chemicals. Where metal or nozzles at outlets.
steel is supplled as part of the component all 4,2 Mounting shall allow the feature to be in
such parts shall be manufactured from 304 stalled In existing or new (cured) concrete with
stainless steel, mild steel components (except stainless steel anchor wedges. For Spray-
vaive body) shall not be used regardless of rust Grounds or pools an OMNIPOD° to mount 11 at
preventative coatings. a later date, take clown for winterization or for
moving to another location is provided.
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TYPICk INSTAL! ATM OFTA11 ...•-■productsu.c
1430 -13 GEORGE RD. ASHLAND, OH 44805 -
♦ ` n \ I[IL 811/10iM63 FAC 419/217992
11 DrOP
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vs. assestsmanssessa
716 Union Street Ashland, 011 44805 • Phone. 419.207.1229 • Toll Free. 800.343.6063 • Fox. 419.207.8902 • www.rain- drop.corn
Central Processing. Unit (Standard) CPU -A008
Specification , Revised 6/16110 I
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1.0 GENERAL Run to bypass the activation bollard and run 3.0 PACKAGING
continuously, or Test/Manual Run as chosen by
the system operator.
1.1 The Central Processing Unit (CPU) shall be 3.1 Shall be packaged to protect against dam -
responsible for controlling, distributing and tint- 2,3 Controls: The CPU shall be equipped with age during transit
Ing the distribution of water to the water fea- controls which allow each feature grouping to
tures. be run individually or In conjunction with any 4.0 INSTALLATION
combination of water feature groupings as de-
2.0 DESIGN sired by the system operator.
4.1 Drawings and instructions shall be supplied
2.4 Outlets: The CPU shall provide from 7 to by manufacturer for ease of installation.
2.1 Construction: The CPU shall be housed in 12 outlets.
a NEMA 4 enclosure designed for wall mount 5.0 WARRANTY
installation in an indoor or outdoor application. 2.5 Shutdown: The CPU shall be supplied with
The CPU shall Include all the necessary soft- pump interconnects as specified, such intercon- 5.1 Shall be furnished by manufacturer provid-
ware to provide a complete SprayGround op- netts shall shut down the feature pump or Ing a guarantee against all defects In workman -
eration controlling the timing and frequency of pumps when operating program shuts down to ship and material for a period of one year from
water distribution automatically to the specific prevent burnout. the date of shipment, on all components. Ex-
water features In the system. It shall be eluding only normal wear and tear and improper
equipped with a 24 -hour clocking system for 2.6 Outputs: All control valve outputs are 24 operation or Installation.
automatic daily activation and shut down of VDC.
programming.
2.7 Size: Control Box shall be 16° X 17° X 8
2.2 Automatic Run: The CPU shall allow for 114" in overall dimensions.
Automatic Run with bollard activation, Bypass
♦ `r v- J_ Sys.
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Product Warranty Terms
The fountains manufactured by Rain Drop' Products are warranted forfive years from date of
shipment against any defects in material or workmanship; excluding only normal wear and tear
and improper operation or installation.
The fiberglass reinforced plastic (FRP) and/or structural tubing furnished with the fountains has a
25 -year unconditional warranty against rust and corrosion from the date of shipment.
The liability of Rain Drop Products under this warranty is limited to the replacement or repair of
defective material to the owner's designated location of such materials as they are covered by
this warranty provided written notice of such defect is delivered to Rain Drop Products, Ashland,
Ohio within the warranty period and within 15 days after such defect was discovered. Rain Drop
Products shall not be liable for the shipping cost of return of such claimed defective materials to
Rain brop Products or for shipping cost of replacement materials. Whether to replace or repair
the feature is ultimately the decision of Rain Drop Products, LLC.
This warranty is In lieu of all other warranties expressed or implied.
i gyp e
Drop
716 Union Street • Ashland, OH 44805 ' 419 -207 -1229 • www.rain- drop.corri
EXHIBIT B
Scope of Work
A. Installation and start up of all water feature components and controls identified in
Exhibit "A"
Agreement for Procurement and Professional Services Page 13
Exhibit "C II
ba i na Droi •
716 Union Street Ashland, OH 44805 • Phone. 419.207.1229 • Tall free. 800.343.6063 • fox 419,207.8902 • www.roin- drap.com
PURCHASE ORDER DATE: 9/20/2010
PURCHASER: , Aspen Recreation Center SHIPPING ADDRESS: Aspen Recreation Center
BILLING ADDRESS: 0861 Maroon Creek Rdad 0861 Maroon Creek Road
Aspen, CO 81611 Aspen, CO 81611
PHONE: (970) 544-4100
FM: (970) 5444137
ATTN: Erin Hutchings
REFERENCE #: 0015762
PROJECT: Aspen Rec. Center
QUANTITY ITEM # DESCRIPTION UNIT PRICE TOTAL
REPLACEMENT POOL FEATURES 88,100.00 $8,100.00
1 AQRN -001 AQUA RUN
NO SIDE SPRAY ON AQUA RUN 88,200.00 $8,200.00
1 DMPT -001 DUMPING TROUGH- SPECIAL
DUMPING TROUGH TO BE BUILT TO FIT OVER A LAZY RIVER 85,100.00 $5,100.00
1 WFCN -004 WATER FUN CANNON $5,500.00 $5,500.00
1 CFSF -001 CREATURE FEATURE -OLD SALTY
4 BOL -A003 BOLLARD ACTIVATOR- WIRELESS $881.25 $3,525.00
EACH FEATURE TO BE CONTROLLED BY 1 (ONE) WIRELESS ACTIVATION BOLLARD 84 500 $4,500.00
1 CPU -A008 CONTROL BOX -PC REMOTE ACCESIBL
CUSTOMER TO PROVIDE INTERNET ACCESS TO CONTROL BOX. ,
RAIN DROP PRODUCTS TO PROVIDE WEB CAM FOR MONITORING OF FEATURES AT NO COST
TO CUSTOMER. 80.00 $0
1 /CSER INSTALLATION SERVICES
INSTALLATION COSTS ARE 140 CHARGE TO CUSTOMER WITH PURCHASE OF RAIN DROP
FEATURES
•
•
•
Page 1 of 2 -
��.. -• l D
, _- Products,LLc
716 Union M1 Street Ashland, OH 44805 • Phone. 419.207.1229 • Toll Free. 801.343.6063 • Fox. 419207.8902 • www.rain- drop.com
PURCHASE ORDER DATE: 9/2012010
PURCHASER: Aspen Recreation Center SHIPPING ADDRESS: Aspen Recreation Center
BILLING ADDRESS': 0861 Maroon Creek Road 0861 Maroon Creek Road
Aspen, CO 81611 Aspen, CO 81611
PHONE: (970) 544 -4100
FAX: (970) 544 -4137
ATTN: Erin Hutchings
REFERENCE #: 0015762
PROJECT: Aspen Rec. Center
•
• $32,940.00
PRICE: F.O.B. Aspen, CO 81611 Freight: $840.00
Taxes: None Included - Extra if Applicable.
Payment Terms: - - Total Price: $33,780.00
Net 30
$0.00
All prices are quoted for transactions tendered In cash /check. A surcharge of 2 12% will be accessed for credit card $33,780.00
transactions In excess of $20,000.
CONDITION OF SALE: In the event of non - payment when and as due, Rain Drop Products, LLC may cease continued manufacturing or shipping until such payments
with penalties. if any, or late payments are made by purchaser with no liability whatsoever on the part of Rain Drop Products. Should the purchaser fail to make
subsequent payments as required. Rain Drop Products, LLC shall be entitled to retain payments previously made as liquidated damages.
Quote Duration: 60 days
Delivery Date: 5 -8 weeks
WARRANTY: As stated in the standard Rain Drop Products warranty attached hereto.
There will be a 30% restocking fee applied to all returned goods.
ACCEPTED BY: ORDERED BY:
Rain Drop Products, LLC. Aspen Recreation Center
716 Union Street 0861 Maroon Creek Road
Ashland, OH 44805 Aspen, CO 81611
Signature: •
Print Name:
Title:
Date:
Page 2 of 2